NLSUI OPAC header image

Civil court practice and procedure Vol. I

By: Contributor(s):
Publication details: Dehra Dun Vinod Publicaitons 2012Edition: 3rdDescription: 1492pSubject(s): DDC classification:
  • 347.05 SAH-I
Contents:
Contents: Vol. I Preamble; Preliminary; 1. Short title, commencement and extent; 2. Definitions; 3. Subordination of courts; 4. Savings; 5. Application of the code to revenue courts; 6. Pecuniary jurisdiction; 7. Provincial small cause courts; 8. Presidency small cause courts; 9. Courts to try all civil suits unless barred; 10. Stay if suit; 11. Res Judicata; 12. Bar to further suit; 13. When foreign judgement not conclusive; 14. Presumption as to foreign judgment; Place of suing; 15. Court in which suits to be instituted; 16. Suits to be instituted where subject-matter situate; 17. Suits for immovable property situate within jurisdiction of different courts; 18. Place of institution of suit where local limits of jurisdiction of courts are uncertain; 19. Suits for compensation for wrong to person or movables; 20. Other suits to be instituted where defendants resude or cause of action arises; 21. Objectionsto jurisdiction; 21A. Bar on suit to set aside-decree on objection as to place of suing; 22. Ower ti transfer suits which may be instituted in more than one court. 23. To what court application lies; 24. General power of transfer and withdrawal; 25. Power of Supreme Court to transfer suits, Etc.; Institution of Suits; 26. Institution of suits; 27. Summons to defendants; 28. Service of summons where defendant resides in another (State); 29. Service of foreign summons; 30. Power to order discovery and the like; 31. Summons to witness; 32. Penalty for default; Judgment and Decree; 33. Judgment and Decree; 34. Interest; 35. Costs; 35A. Compensatory costs in respect of false or vexatious claims or defences; 35B. Costs for causing delay; Part II-Executuin General; 36. Application to order; 37. Definition of court which passed a decree; Courts by which decrees may be executed; 38. Courts by which decrees may be executed; 39. Transfer of decree; 40. Transfer of decree to court in another state; 41. Result of execution proceedings to be certified; 42. Powers of court in executing transferred decree; 43. Execution of decrees passed by civil courts in places to which this code does not extend; 44. Execution of decrees passed by revenue courts in places to which this code does not extend; 44A. Execution of decrees passed by Courts in reciprocating territory; 45. Execution of decrees outside India; 45A. Execution of decrees, ETC., passed or made before the commencement of the code in Pondicherry; 46. Precepts; Question to be determined by court executing decree; 47. Questions to be determined by the court executing decree; 48. Transferees and legal representatives; 49. Transferee; 50. Legal representative; Procedure in execution; 51. Power of court to enforce execution; 52. Enforcement of decree against legal representative; 53. Liability of ancestral property; 54. Partition of estate or separation of share; Arrest and detention; 55. Arrest and detension; 56. Prohibition of arrest or detention of women in execution of decree for money; 57. Subsistence allowance; 58. Detension and release; 59. Release on ground illness; Atachment; 60. Property liable to attachment and sale in execution of decree; 61. Partial exemption of agricultural produce; 62. Seizure of property in dwelling-house; 63. Property attached in execution of decree of several courts; 64. Private alienation of property after attachment to be void; Sale; 65. Purchaser's title; 66. Suit against purchaser not maintainable on ground of purchase being on behalf of plainriff; 67. Power for [State Government] to make rules as to sales of land in execution of decree for payment of money; 68-72. Distribution of Assets; 73. Proceeds of execution sale to be rateably distributed among decree-holders; Resistance to execution 74. Resistance to execution; Part III-Incidental proceedings commisions; 75. Power of court to issue commissions; 76. Commission to another court; 77. Letter of request; 78. Commissions issued by foreign courts; Part IV-Suits in particular cases; Suits by or against the government of public officers in their official capacity; 79. Suits by or against government; 80. Notice. 81. Exemption from arrest and personal appearance; 82. Execution of decree; Suits by aliens and by or against foreign rules, ambassadors and envoys; 83. When aliens may sue; 84. When foreign states may sue; 85. Persons socially appointed by government to prosecute or defend on behalf of foreign rules; 86. Suits against foreign rulers, ambassadors and envoys; 87. Style of foreign rules as parties to suit; 87A. Definition of foreign state and ruler; 87B. Application of sections 85 A and 86 to rulers of former Indian states; Interpleader; 88. Where interpleaded suit may be instituted; Part V-Special proceedings; Arbitration; 89. Settlement of disputes outside the court; Special case; 90. Power to state a case for opinion of court; 91. Public nuisances and other wrongful acts affecting the public; 92. Public charities; 93. Exercise of powers of advoate-general outside presidency-towns; Part VI-Supplemental proceedings; 94. Supplemental proceedings; 95. Compensation for obtaining arrest, attachment for injunction on insufficient grounds; Part VII-Appeal; Appeals from original decree; 96. Appeal from original decree; 97. Appeal from final decree where no appeal from preliminary decree; 98. Decision where appeal heard by two or more judges; 99. No decree to be reversed or modified for error or irrigularity not affecting merits or jurisdiction; 99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected; Appeals from appellated decrees; 100. Second appeal; 101. Second appeal on no other grounds; 102. No second appeal in certain cases; 103. Power of high court to determine issue of fact; Appeal from orders; 104. Orders from which appeal lies; 105. Other orders; 106. What courts to hear appeals; General provisions relating to appeals; 107. Powers of appellate court; 108. Procedure in appeals from appellated decrees and orders; Appeals to the Supreme Court; 109. When appeals lie to the Supreme Court; 110. 111. Bar of certain appeals. (Omitted by the A.A. 1950); 111A. Appeals to federal court; 112. Saving; Part VIII-Reference, review and revision; 113. Reference to High Court; Counsel for defendants; 114. Review; 115. Revision; Part IX-Special provisions relating to the High Courts not being the court of a judicial commisioner; 116. Part to apply only to certain High Courts; 117. Application of code to High Court; 118. Execution of decree before ascertainment of costs; 119. Unauthorized persons not to address court; 120. Provisions not applicable to High Court in original civil jurisdiction; Part X-Rules; 121. Effect of rules in first schedule; 122. Power of certain High Courts to make rules; 123. Constitution of rule committees in certain states; 124. Committee to report to High Court; 125. Power of other High Courts to make rules; 126. Rules to be subject to approval; 127. Publication of rules; 128. Matters for which rules may provide; 129. Power of High Courts to make rules as to their original civil procedure; 130. Power of other High Courts to make rules as to matter other than procedure; 131. Publication of rulesl; Part XI-Miscellaneous; 132. Exemption of certain women from personal appearance; 133. Exemption of other persons; 134. Arrest other than in execution of decree; 135. Exemption from arrest under civil process; 135A. Exemption of member of legislative bodies from arrest and detention under civil process; 136. Procedure where person to be arrested or property to be attached is outside district; 137. Language of subordinate courts; 138. Power of High Court to require evidence to be recorded in english; 139. Oath on affidavit by whom to be administered; 140. Assessors in causes of salvage, etc., 141. Miscellaneous proceedings; 142. Orders and notices to be in writing; 143. Postage; 144. Application for restitution; 145. Enforcement of liability of surety; 146. Proceedings by or against representatives; 147. Consent or agreement by persons under disability; 148. Enlargement of time; 148A. Right to lodge a caveat; 149. Power to make up deficiency of court-fees; 150. Transfer of business; 151. Saving of inherent powers of court; 152. Amendment of judgements, decrees or orders; 153. General power to amend; 153A. Power to amend decree or order where appeal is summarily dismissed; 153B. Place of trial to be deemed to be open court; 154. Saving by present right to appeal; 155. Amendment of certain acts; 156. Repeals; 157. Continuance of orders under repealed enactments; 158. Reference to code of civil procedure and other repealed; Enactments. Order I-Parties to suits; Order II-Frame of suit; Order III-Recognised agents and pleaders; Order IV-Institution of suits; Order V-Issue and service of summons; Order VI-Pleadings generally; Order VII-Plaint.
Star ratings
    Average rating: 0.0 (0 votes)
Holdings
Item type Current library Shelving location Call number Status Notes Barcode
BOOKs . Library Compactors 347.05 SAH-I (Browse shelf(Opens below)) Available Price for the entire Set 26937

Contents:
Vol. I
Preamble;
Preliminary;
1. Short title, commencement and extent;
2. Definitions;
3. Subordination of courts;
4. Savings;
5. Application of the code to revenue courts;
6. Pecuniary jurisdiction;
7. Provincial small cause courts;
8. Presidency small cause courts;
9. Courts to try all civil suits unless barred;
10. Stay if suit;
11. Res Judicata;
12. Bar to further suit;
13. When foreign judgement not conclusive;
14. Presumption as to foreign judgment;
Place of suing;
15. Court in which suits to be instituted;
16. Suits to be instituted where subject-matter situate;
17. Suits for immovable property situate within jurisdiction of different courts;
18. Place of institution of suit where local limits of jurisdiction of courts are uncertain;
19. Suits for compensation for wrong to person or movables;
20. Other suits to be instituted where defendants resude or cause of action arises;
21. Objectionsto jurisdiction;
21A. Bar on suit to set aside-decree on objection as to place of suing;
22. Ower ti transfer suits which may be instituted in more than one court.
23. To what court application lies;
24. General power of transfer and withdrawal;
25. Power of Supreme Court to transfer suits, Etc.;
Institution of Suits;
26. Institution of suits;
27. Summons to defendants;
28. Service of summons where defendant resides in another (State);
29. Service of foreign summons;
30. Power to order discovery and the like;
31. Summons to witness;
32. Penalty for default;
Judgment and Decree;
33. Judgment and Decree;
34. Interest;
35. Costs;
35A. Compensatory costs in respect of false or vexatious claims or defences;
35B. Costs for causing delay;

Part II-Executuin General;
36. Application to order;
37. Definition of court which passed a decree;

Courts by which decrees may be executed;
38. Courts by which decrees may be executed;
39. Transfer of decree;
40. Transfer of decree to court in another state;
41. Result of execution proceedings to be certified;
42. Powers of court in executing transferred decree;
43. Execution of decrees passed by civil courts in places to which this code does not extend;
44. Execution of decrees passed by revenue courts in places to which this code does not extend;
44A. Execution of decrees passed by Courts in reciprocating territory;
45. Execution of decrees outside India;
45A. Execution of decrees, ETC., passed or made before the commencement of the code in Pondicherry;
46. Precepts;
Question to be determined by court executing decree;
47. Questions to be determined by the court executing decree;
48. Transferees and legal representatives;
49. Transferee;
50. Legal representative;

Procedure in execution;
51. Power of court to enforce execution;
52. Enforcement of decree against legal representative;
53. Liability of ancestral property;
54. Partition of estate or separation of share;
Arrest and detention;
55. Arrest and detension;
56. Prohibition of arrest or detention of women in execution of decree for money;
57. Subsistence allowance;
58. Detension and release;
59. Release on ground illness;

Atachment;
60. Property liable to attachment and sale in execution of decree;
61. Partial exemption of agricultural produce;
62. Seizure of property in dwelling-house;
63. Property attached in execution of decree of several courts;
64. Private alienation of property after attachment to be void;
Sale;
65. Purchaser's title;
66. Suit against purchaser not maintainable on ground of purchase being on behalf of plainriff;
67. Power for [State Government] to make rules as to sales of land in execution of decree for payment of money;
68-72.
Distribution of Assets;
73. Proceeds of execution sale to be rateably distributed among decree-holders;
Resistance to execution
74. Resistance to execution;

Part III-Incidental proceedings commisions;
75. Power of court to issue commissions;
76. Commission to another court;
77. Letter of request;
78. Commissions issued by foreign courts;

Part IV-Suits in particular cases;
Suits by or against the government of public officers in their official capacity;
79. Suits by or against government;
80. Notice.
81. Exemption from arrest and personal appearance;
82. Execution of decree;
Suits by aliens and by or against foreign rules, ambassadors and envoys;
83. When aliens may sue;
84. When foreign states may sue;
85. Persons socially appointed by government to prosecute or defend on behalf of foreign rules;
86. Suits against foreign rulers, ambassadors and envoys;
87. Style of foreign rules as parties to suit;
87A. Definition of foreign state and ruler;
87B. Application of sections 85 A and 86 to rulers of former Indian states;
Interpleader;
88. Where interpleaded suit may be instituted;

Part V-Special proceedings;
Arbitration;
89. Settlement of disputes outside the court;
Special case;
90. Power to state a case for opinion of court;
91. Public nuisances and other wrongful acts affecting the public;
92. Public charities;
93. Exercise of powers of advoate-general outside presidency-towns;

Part VI-Supplemental proceedings;
94. Supplemental proceedings;
95. Compensation for obtaining arrest, attachment for injunction on insufficient grounds;

Part VII-Appeal;
Appeals from original decree;
96. Appeal from original decree;
97. Appeal from final decree where no appeal from preliminary decree;
98. Decision where appeal heard by two or more judges;
99. No decree to be reversed or modified for error or irrigularity not affecting merits or jurisdiction;
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected;
Appeals from appellated decrees;
100. Second appeal;
101. Second appeal on no other grounds;
102. No second appeal in certain cases;
103. Power of high court to determine issue of fact;
Appeal from orders;
104. Orders from which appeal lies;
105. Other orders;
106. What courts to hear appeals;

General provisions relating to appeals;
107. Powers of appellate court;
108. Procedure in appeals from appellated decrees and orders;

Appeals to the Supreme Court;
109. When appeals lie to the Supreme Court;
110.
111. Bar of certain appeals. (Omitted by the A.A. 1950);
111A. Appeals to federal court;
112. Saving;

Part VIII-Reference, review and revision;
113. Reference to High Court;
Counsel for defendants;
114. Review;
115. Revision;

Part IX-Special provisions relating to the High Courts not being the court of a judicial commisioner;
116. Part to apply only to certain High Courts;
117. Application of code to High Court;
118. Execution of decree before ascertainment of costs;
119. Unauthorized persons not to address court;
120. Provisions not applicable to High Court in original civil jurisdiction;

Part X-Rules;
121. Effect of rules in first schedule;
122. Power of certain High Courts to make rules;
123. Constitution of rule committees in certain states;
124. Committee to report to High Court;
125. Power of other High Courts to make rules;
126. Rules to be subject to approval;
127. Publication of rules;
128. Matters for which rules may provide;
129. Power of High Courts to make rules as to their original civil procedure;
130. Power of other High Courts to make rules as to matter other than procedure;
131. Publication of rulesl;
Part XI-Miscellaneous;
132. Exemption of certain women from personal appearance;
133. Exemption of other persons;
134. Arrest other than in execution of decree;
135. Exemption from arrest under civil process;
135A. Exemption of member of legislative bodies from arrest and detention under civil process;
136. Procedure where person to be arrested or property to be attached is outside district;
137. Language of subordinate courts;
138. Power of High Court to require evidence to be recorded in english;
139. Oath on affidavit by whom to be administered;
140. Assessors in causes of salvage, etc.,
141. Miscellaneous proceedings;
142. Orders and notices to be in writing;
143. Postage;
144. Application for restitution;
145. Enforcement of liability of surety;
146. Proceedings by or against representatives;
147. Consent or agreement by persons under disability;
148. Enlargement of time;
148A. Right to lodge a caveat;
149. Power to make up deficiency of court-fees;
150. Transfer of business;
151. Saving of inherent powers of court;
152. Amendment of judgements, decrees or orders;
153. General power to amend;
153A. Power to amend decree or order where appeal is summarily dismissed;
153B. Place of trial to be deemed to be open court;
154. Saving by present right to appeal;
155. Amendment of certain acts;
156. Repeals;
157. Continuance of orders under repealed enactments;
158. Reference to code of civil procedure and other repealed;
Enactments.
Order I-Parties to suits;
Order II-Frame of suit;
Order III-Recognised agents and pleaders;
Order IV-Institution of suits;
Order V-Issue and service of summons;
Order VI-Pleadings generally;
Order VII-Plaint.